Individual Details

John C. Byers

(1814 - Abt 1855)

The heirs of Wesley Byers were sued by a Mr. & Mrs Morris, who claimed a part of the land in Bowie District that had been granted to Wesley Byers by headright as he had settled the land in 1831. The Supreme Court at Tyler decided in favor of the heirs of Wesley Byers in 1855. An affidavit was filed in this case by John C. Byers, who was evidently a son of Wesley Byers.
See: https://s3.glo.texas.gov/ncu/SCANDOCS/archives_webfiles/arcmaps/webfiles/landgrants/PDFs/1/0/9/7/1097388.pdf

The Texas General Land Office website has copies of the original land grants that were made in the 1830s and 1840s. Some of the people in our family tree received land grants in Texas. One of them was John C. Byers, who was probably a son of our third great grandmother, Margaret Pugh, and her second husband, Wesley P. Byers. I suspect that we (Rex & Cynthia Wilson) are descended from Margaret Pugh and her first husband, a Mr. Buckner. It was while looking for evidence of these relationships that I came across the Texas General Land Office website as a good source of information. It is online at:
https://s3.glo.texas.gov/glo/history/archives/land-grants/index.cfm
One of the land grants received by John C. Byers was in Cass County, Texas, and I have attempted to transcribe the text of this document, complete with the irregular spellings and words crossed out. The surveyor’s field notes are difficult to read. Can you understand them?
Notice that two witnesses are named: Ashley McKinney and Collin M. Akin. John C. Byers married Massey Akin, whose mother was Rebecca McKinney. The McKinney family were among the early settlers in Texas, and many McKinneys are buried in the Van Alstyne Cemetery. Collin M. Akin is Collin McKinney Akin, eldest brother of Massey Akin, and Ashley McKinney is Massey's first cousin.
John C. Byers was probably born in Missouri about 1814 and moved to Texas in 1834. The land that he settled was granted to him in 1838 and surveyed in 1841.

Transcript of land grant:

Cass Co. Bowie Dis. 56
Paschal 1st class (37)
James John C. Byers
½ Lea[gue] & 1 labor (No. 45)
Correct on map in Bowie District, Dec. 2/50
Granted, ptd.
Creuzbaur
Correct for Patenting [signature]
to original
Patented 9 10th Jany 51
Thomas
No. 304 Vol 9
Contents correct J.F.M.
Mac. 9567
1 certificate
2 field notes

No. 45
Republic of Texas, County of Red River
Know ye that to whom these shall come greeting that John C. Byers appeared before the Board of Land Commissioners for sd County and having taken the Oath required by the constitution and laws of sd Republic and proven to the satisfaction of said Board by the Oaths of Ashby McKinney and Collin M. Akin two respectable witnesses his continued residence from August 10th, 1834 untill the present time he is therefore entitled to one third of a League of Land (1/3) for which this is his certificate given under our hands at Lagrange 1st Febr 1838 and of the Independence of Texas the 2nd year.
B. Gooch
M. W. Matthews, Presd. Board L Coms
James Latimer
David Lane

File 4
Paschal 1st class
Headright Certificate
John C. Byers
This is to certify that I John P. Key Deputy Surveyor for Red River County Republic of Texas have surveyed 12,500,000 square acres of land called for by the within certificate.
John P. Key
April 17th 1838
This is to certify
appropriated the remaining part of the within certificate by survey made August 12th 1841.
Robert Hughes D.S.P.C.

Republic of Texas Paschal County
August the 12th 1841 survey of one half league and one labore of land for John C. Byers the remaining part of the land to which he is entitled by virtue of certificate No. 45 isued by the board of land commitioners for the county of Redriver Situated in Paschal Cass county on the line between the united states State of Arkansas and Texas on the northern waters of blackbagon begining at a stake between milepost 75 and 76 on a line the northeast corner of Charles Collom’s survey from which a pine markd CC bears S 50 ft 10 vrs off another pine markd CC bears west 3 vrs off -- -- thence west with the north boundry line of sd survey at 1900 vrs the northwest corner of sd survey and the northeast corner of Thomas C. Lewis’es Wm. Palmer’s survey and with sd Lewis’es Palmer’s north boundary line at 2450 vrs a stake in sd line the southeast corner of Thomas C. Lewis’es section survey from which a hickery markd JB bears N 76 E 12 vrs off another markd J.B. bears N 35 E 16.2 vrs off -- -- -- -- -- thence north with sd Lewis’es east boundary line 1900 vrs to a stake the northeast corner of sd Lewis’es survey from which a pine markd JB bears N 81 W 3.6 vrs off a blackjack markd JB bears N 10 W 2.4 vrs off thence west with the north boundry line of sd Lewis’es survey 522 vrs to a stake from which a pine markd J.B. bears N 32 E 19.4 vrs off another pine markd JB bears N 22 E 18.8 vrs off thence north at 785 vrs a stake in the south boundry line of an old survey from which a pine markd JB bears east 2 vrs off a redoak markd JB bears S 7 E 12.4 vrs off -- -- -- -- -- thence east with sd line to 165 vrs to the S E of sd old survey markd JH X from which a pine markd JB bears N 29 E 9.4 vrs off -- -- thence north with the E boundry line of sd old survey at 1238 vrs a branch runing west 2 vrs wide – 1900 vrs the northest corner of – survey at 2317 vrs a stake from which a pine markd JB bears S 51 E 4.4 vrs off a blackjack markd JB bears S 31 E 10 vrs off -- -- -- -- -- thence east at 1850 vrs a creek 2 vrs wide runing S E at 2809 vrs a stake 6 vrs east of the united states State and Texas line from which whiteoak markd J.B. bears S 47 W 10 vrs off blackoak markd JB bears S 66 W 14.4 vrs off -- -- -- -- -- thence south with sd w and t line 5002 vrs to the begining.
John P. Key
Wesley Bailey, chain cariers
I certify that I have examined the foregoing fieldnots & find them correct & made according to Law. Dangerfield Dec. 1st 1841
Levi Jordan
County Surveyor
I do hereby certify under the oath of my office that this survey is made according to law and was made at the above date.
Robert Hughes D.S.P.C
File 4
Paschal 1st class
Field notes
John C. Byers
Patented 9th Jany 51
Thomas
Received $33.50 Dollars in Texas promissory notes in full of the Gov’t. dues on the within field notes this 1st day of January 1852
Robt. M. Elgin

Events

Birth1814Missouri
Marriage1834Lincoln County, Kentucky - Massey Akin
Tax1849
Tax1850Cass County, Texas
Census (family)9 Oct 1850Cass County, Texas - Massey Akin
Property1851Land Grant - Cass County, Texas
DeathAbt 1855
PropertyApr 1855

Families

SpouseMassey Akin (1817 - 1892)
ChildSarah A. Byers (1836 - )
ChildMary Elizabeth Byers (1842 - )
ChildNancy A. Byers (1846 - 1906)
ChildMartha Eveline Byers (1847 - )
ChildLaura L. Byers (1850 - )
FatherWesley P. Byers (1780 - 1848)
MotherMargaret Pew (1790 - 1846)
SiblingAldarine Byers (1818 - 1869)
SiblingMalissa Byers (1822 - 1894)
SiblingFrances Byers (1827 - 1880)

Notes

Endnotes